Legal Question in Criminal Law in California

What would a GOOD lawyer do if at the early disposition the procecution was not ready with the discovery and put a new DA on the case who petitions for a 40 day continuance ?

Asked on 7/13/13, 11:28 pm

5 Answers from Attorneys

Joshua Hale Hale Law Group
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Either demand speedy trial. Or allow the continuance.

Not the answer your looking for. But likely exactly what your attorney has done.

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7/13/13, 11:30 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro
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0 attorneys agreed

I agree with Mr. Hale. But you have not told us what the charges are and whether the defendant is in custody. You should know that the situation you describe is not uncommon and objecting to a continuance won't do much good because the court is going to grant it anyway. If the lawyer objects the judge will be upset with the lawyer and it can only hurt the defendant,

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7/14/13, 1:08 am
Zadik Shapiro Law Offices of C. Zadik Shapiro
0 users found helpful
0 attorneys agreed

I agree with Mr. Hale. But you have not told us what the charges are and whether the defendant is in custody. You should know that the situation you describe is not uncommon and objecting to a continuance won't do much good because the court is going to grant it anyway. If the lawyer objects the judge will be upset with the lawyer and it can only hurt the defendant,

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7/14/13, 1:08 am
Terry A. Nelson Nelson & Lawless
0 users found helpful
0 attorneys agreed

Ask for dismissal, and when that is likely denied by the judge, then deal with the continuance and handle the case 'as normal'. If legitimately not happy with current counsel, and if serious about hiring new counsel to help in this, feel free to contact me.

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7/15/13, 12:32 am
John Laurie Gertz and Laurie
0 users found helpful
0 attorneys agreed

I like Mr Nelsons answer the best

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7/20/13, 10:39 pm

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